Public Library in Katy (Cinco Ranch) with a "clever" sign... Grrr

[Scott in Houston]

So... Saw this today.
I found it interesting. Posted at Cinco Ranch (Katy) Public Library. It's not 30.06 wrongfully posted so you can't write and get the AG involved.

What do you think?

[Scott in Houston]

In reading 46.03, I'm assuming they're trying to use "educational institution" as their argument?

[TXBO]

I don't thing it has to be a 30.06 to be in violation of the law. Any signage that discourages lawful carry is in violation.

[Dadtodabone]

[Scott in Houston]

I don't thing it has to be a 30.06 to be in violation of the law. Any signage that discourages lawful carry is in violation.

Oh really?? Ok.

Let the process begin ...

Do I write the county or head librarian?

[ELB]

The AG has already opined that it is illegal for governments to forbid licensed concealed carry on government property unless it is one of the exceptions enumerated in law, regardless of the wording or form of notice. Libraries are not one of the exceptions

From Attorney General opinion KP-0047 (underlining added for emphasis):

Chapter 411 of the Government Code was amended in 2015 with the enactment of Senate
Bill 273. Act of May 23, 2015, 84th Leg., R.S., ch. 593, § 1, 2015 Tex. Gen. Laws 2000, 2000-
2001 (codified at TEX. Gov't CODE § 411.209). The primary change under Senate Bill 273 is the.
creation of enforcement measures available against the state or a political subdivision that seeks
to wrongfully exclude a person from carrying a handgun where the person may lawfully do so.
See id.

Section 411.209 provides:
A state agency or a political subdivision of the state may not
provide notice by a communication described by Section 30.06,
Penal Code, or by any sign expressly referring to that law or to
a concealed handgun license, that a license holder carrying a
handgun under the authority of this subchapter is prohibited
from entering or remaining on a premises or other place owned
or leased by the governmental entity unless license holders are
prohibited from carrying a handgun on the premises or other
place by Section 46.03 or 46.035, Penal Code.

https://texasattorneygeneral.gov/opinio ... kp0047.pdf


The AG cites this again in KP-0049, and more directly addresses the issue of signs or notice that does not use the language of 30.06:

To effectuate the Legislature's intent to prevent governmental entities from seeking to
wrongly exclude handguns from where they are lawful, a court would likely construe section
411.209 to be implicated by any type of notice that seeks to improperly prohibit handguns. Thus,
any oral notice given by a governmental entity regarding the prohibition of handguns, if given
where handguns are lawful, can serve as an improper exclusion in violation in section 411.209.
And the sign about which you inquire that does not use the statutory language but states that the
Center is a "Weapons Free Zone," if placed in an area where handguns are allowed, would
similarly invoke the enforcement mechanism of section 411.209.

https://texasattorneygeneral.gov/opinio ... kp0049.pdf

Katy (or Cinco?) Public Library is violating the law.

[Scott in Houston]

Excellent info.

Question, should I include that information in my letter?

[ELB]

I am supposing it would not hurt to point them to the AG opinions.

[rotor]

Why would you not consider that just a gunbuster sign? No real meaning as far as LTC.

[Scott in Houston]

Why would you not consider that just a gunbuster sign? No real meaning as far as LTC.

Gunbuster signs assume unlicensed guns. This sign specifically says that if you have an LTC, you cannot carry. It's public property, and the government trying to intimidate or convince LTC's that they cannot carry on public property is against the law.
In addition, it even references the Penal Code and does so incorrectly.

I carried past it, sure, so in that regard I treated it like a gun buster sign, but I'm definitely going to file a complaint as this is in violation of the law based on all we've seen posted above. (At first I thought only 30.06/.07 signs could be in violation of it, but apparently any attempt to prevent an LTC is against the law, and this definitely is targeting LTC citizens).

[DevilDawg]

More heavy handed actions by an over-stepping Nanny State type. File the complaint and let the AG straighten them out.

I would also ask that you keep all documentation throughout. If it comes down to the City paying fines make sure all is available on open records for the voters. They need to know which (elected/appointed officials) are causing additional financial burdens through stupidity. If we make them think about the consequences maybe they won't be so quick to act on their beliefs regardless of laws.

[Scott in Houston]

Found this link on the Texas website.
It specifically says libraries are not part of 46.03 or 46.035.

In particular it says,
"Public Libraries
Can public library districts in Texas choose to ban users with an open/concealed
carry license from bringing a firearm into the library?
No, library districts are public entities and not specifically exempted under the law (Texas Penal Code §46.035) so a library cannot choose to impose their own local restrictions. In most cases, public library districts may not prohibit licensed individuals from bringing handguns into the library, and the library may not wrongfully post signs."


So… looks like I have more meat to add to my letter.

https://www.tsl.texas.gov/ld/librarydev ... raries.pdf

[howdy]

Ignore it and carry on.

[Scott in Houston]

Ignore it and carry on.

And send a letter and get it removed...

[Solaris]

Ignore it and carry on.

And send a letter and get it removed...

Yep. We have to get all these signs taken down. Or a lie told often enough becomes the truth.